1/11/2018 10:10:00 AM CITY OF SHAFER -
ORDINANCE NUMBER 2018-1-4
(January 11, 2018)
AN ORDINANCE AMENDING CHAPTER 5 ENTITLED “MUNICIPAL REGULATION AND LICENSING”, ADDING SECTION 510, OF THE CITY CODE REGARDING LODGING TAX
The City Council of the City of Shafer hereby ordains:
That Chapter 5, Section 510 of the Shafer City Code is hereby added to read as follows: “Part 10. Local Lodging Tax (January 2018)
SECTION: 510 510.01: Definitions 510.02: Imposition of Tax 510.03: Collections 510.04: Exemptions 510.05: Advertising No Tax 510.06: Payments and Returns 510.07: Examination of Return, Adjustments, Notices and Demands 510.08: Refunds 510.09: Failure to File a Return 510.10: Penalties 510.11: Administration of Tax 510.12: Examination of Records 510.13: Violations 510.14: Use of Proceeds and Annual Report 510.15: Appeals 510.16: Effective Date
510.01 DEFINITIONS As used in this chapter, the following words and terms shall have meanings given to them by this section:
CITY: The City of Shafer.
DIRECTOR: The Finance Director of the City, City Clerk or Designated Person.
LODGER: The person obtaining lodging from an operator.
LODGING: The furnishing for consideration of lodging by a hotel, motel, rooming house, campgrounds, air B&B, tourist court, or resort, except where such lodging shall be for a continuous period of 30 days or more to the same lodger.
OPERATOR: A person who provides lodging to others, or any officer, agent or employee of such person.
PERSON: Any individual, corporation, partnership, association, estate, receiver, trustee, executor, administrator, assignee, syndicate or any other combination of individuals. Whenever the term "person" is used in any provision of this chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership, shall mean the officers or partners thereof as the case may be.
RENT: The total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself.
510.02 IMPOSITION OF TAX There is hereby imposed a tax of 3% on the rent charged by an operator for providing lodging to any person. The tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the city. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this chapter to collect from a lodger.
510.03 COLLECTIONS Each operator shall collect the tax imposed by this chapter at the time rent is paid. The tax collections shall be held in trust by the operator for the city. The amount of tax shall be separately stated from the rent charged for the lodging.
510.04 EXEMPTIONS An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the city to tax. No exemption shall be granted except upon a claim therefore made at the time the rent is collected and such a claim shall be made in writing under penalty of perjury on forms provided by the city. All such claims shall be forwarded to the city when the returns and collections are submitted as required by this chapter.
510.05 ADVERTISING NO TAX It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any party thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. Operator must collect. In computing the tax to be collected, amounts of tax less than one cent ($0.01) shall be considered an additional cent ($0.01).
510.06 PAYMENTS AND RETURNS The taxes imposed by this chapter shall be paid by the operator to the city not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon such forms and containing such information as the city may require. The return shall contain the following minimum information:
A. The total amount of rent collected for lodging during the period covered by the return.
B. The amount of tax required to be collected and due for the period.
C. The signature of the person filing the return or that of an agent duly authorized in writing.
D. The period covered by the return.
E. The amount of uncollectible rental charges subject to the lodging tax.
F. A copy of the "Minnesota State Sales and Use Tax Return" submitted by the operator for the period covered by the return.
The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this chapter previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible.
510.07 EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS The Director may rely upon the "Minnesota State Sales and Use Tax Return" filed by the operator with the state in determining the accuracy of a return filed under this chapter. However, the Director shall be authorized to make any investigation or examination of the records and accounts of the person making the return, if the Director reasonably determines that such steps are necessary for determining the correctness of the return. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the city within ten days after receipt of a notice thereof, given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the city within ten days after determination of such refund.
510.08 REFUNDS Any person may apply to the Director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The Director shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the Director shall credit the amount of the allowance against any taxes due under this chapter from the claimant and the balance of said allowance, if any, shall be paid by the Director to the claimant.
510.09 FAILURE TO FILE A RETURN A. If any operator required by this chapter to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the Director shall make a return or corrected return, for such person from such knowledge and information as the Director can obtain, and assess a tax on the basis thereof, which tax, less any payments theretofore made on account of the tax for the taxable period covered by such return shall be paid within five days of the receipt of written notice and demand for such payment. Any such return or assessment made by the Director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto.
B. If any portion of a tax imposed by this chapter, including penalties thereon, is not paid within 30 days after it is required to be paid, the city may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action.
C. Upon a showing of good cause, the Director may grant an operator one 30-day extension of time within which to file a return and make payment of taxes as required by this chapter provided that interest during such period of extension shall be added to the taxes due at the rate of 10% per annum.
510.10 PENALTIES If any tax imposed by this chapter is not paid within the time herein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to 10% of the amount remaining unpaid. The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the rate of 10% per annum from the time such tax should have been paid until it is paid. Any interest and penalty shall be added to the tax and be collected as part thereof.
510.11 ADMINISTRATION OF TAX The Director shall administer and enforce the assessment and collection of taxes imposed by this chapter. The Director shall cause to be prepared blank forms for the returns and other documents required by this chapter and shall distribute the same throughout the city and furnish them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him or her under this chapter.
510.12 EXAMINATION OF RECORDS The Director and those persons acting on behalf of the Director, authorized in writing by the Director, may examine the books, papers and records of any operator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this chapter. Every such operator is directed and required to give to the Director, or such other authorized agent or employee, the means, facilities and opportunity for such examinations and investigations as are hereby authorized.
510.13 VIOLATIONS Any person who shall willfully fail to make a return required by this chapter; or who shall fail to pay the tax after written demand for payment; or who shall fail to remit the taxes collected or any penalty or interest imposed by this chapter, after written demand for such payment; or who shall refuse to permit the city to examine the books, records and papers under his or her control; or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor.
510.14 USE OF PROCEEDS AND ANNUAL REPORT 95% of the proceeds obtained from the collection of taxes pursuant to this chapter shall be used in accordance with Minnesota Statutes Section 469.190, as the same may be amended from time to time, to fund a local visitors bureau for the purpose of marketing and promoting the city as a tourist or convention center. Commencing in 2018, the Chisago Lakes Visitors Association shall, for its most recent calendar year, provide an annual year-end report of its operations and its financial condition to the Shafer City Council in writing and by oral presentation at a City Council meeting.
510.15 APPEALS A. Any operator aggrieved by any notice, order or determination made by the Director under this chapter may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the lodging subject to the order, notice or determination.
B. The petition for review shall be filed with the city within ten days after the notice; order or determination for which review is sought has been mailed or served upon the person requesting review.
C. Upon receipt of the petition, the city manager, or the manager's designee, shall set a date for a hearing and give the petitioner at least five days’ prior written notice of the date, time and place of the hearing.
D. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense.
E. The hearing shall be conducted by the city manager, or the manager's designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought.
F. The person conducting the hearing shall make written findings of fact and conclusion based upon the applicable sections of this chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the Director.
G. Any decision rendered by the city administrator or clerk, or the manager's designee, pursuant to this section may be appealed to the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal with the city within ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as it is practical. The council shall then review the findings of fact and conclusions to determine whether they are correct.
Upon a determination by the council that the findings and conclusions are incorrect, the council may modify, reverse or affirm the decision of the city manager, or the manager's designee, upon the same standards as set forth in subsection F of this section.
510.16 EFFECTIVE DATE This chapter shall be in force and effect from January 2018.”
This ordinance shall take effect and be in force from and after its publication in the official newspaper of the City of Shafer.
PASSED AND ADOPTED by the City Council of the City of Shafer, Minnesota, this 2nd day of January, 2018.